Canada imposed tariffs July 1 on products from the U.S. in retaliation for Section 232 duties on steel and aluminum products that took effect one month earlier. Tariffs begin at 10 percent and 25 percent on products found in Canada’s final list of tariff subheadings, which has some changes from an initial list released for public comment May 31 (see 1806010022), “and will remain in place until the U.S. eliminates trade-restrictive measures against Canadian steel and aluminum products,” Canada said. “The countermeasures will not apply to U.S. goods that are in transit to Canada on the day on which these countermeasures come into force,” it said.
Section 232 Tariffs
The United States currently maintains a 25% tariff on steel imports and 10% on tariff on aluminum imports under Section 232 of the Trade Expansion Act of 1962. In 2018, the Trump administration imposed Section 232 Tariffs on steel and aluminum imports into the United States, citing national security concerns. The U.S. agreed to lift tariffs on Canada and Mexico after the signing of the United States-Mexico-Canada Agreement (USMCA), and reached deals with the European Union, Japan and other countries to replace the tariffs with quotas for steel and aluminum imports into the U.S.
Russia recently began a World Trade Organization challenge of U.S. Section 232 tariffs on steel and aluminum products, the WTO said in a press release. Russia claims the tariffs violate the 1994 General Agreement on Tariffs and Trade and the WTO safeguard agreement. The country had already announced plans to retaliate. Under WTO rules, Russia may request a panel to decide the case if consultations don’t resolve the dispute in 60 days.
Importers may need to up their customs bond amounts after the Section 301 25 percent tariffs take effect on goods from China, said Laura Siegel Rabinowitz, special counsel at Kelley Drye, in a June 28 blog post. "While bonds are based on imports for the previous twelve months, the time period is rolling and we expect CBP to be aggressively reviewing imports from China beginning on July 6," she said. Rabinowitz said that after "the Section 232 duties on imported steel and aluminum went into effect recently, CBP sent letters to certain importers giving them thirty days to increase their bonds to be commensurate with the new tariffs."
Whichever way the World Trade Organization decides on the validity of U.S. tariffs and quotas on metals and other countries' retaliatory tariffs, it hurts the rules-based system, said Jennifer Hillman, a Georgetown University law professor and former member of the WTO appellate body. Hillman spoke on a panel at a Global Business Dialogue trade policy association event. If the WTO says that a claim that an action was taken to protect national security -- when there's no war between the parties, and the item is not clearly war materiel, such as ammunition -- then almost any protectionist measure could be justified, she believes.
An effort to add an amendment to the Senate farm bill that would require approval from Congress for Section 232 tariffs to go into effect was stopped on June 27. Sen. Sherrod Brown, who said steel towns in his home state of Ohio have been devastated, blocked a vote on the amendment sponsored by Sen. Bob Corker, R-Tenn. Brown, a Democrat who largely supports President Donald Trump's approach on trade, said that Canada and Mexico "are primary targets for transshipment" of unfairly traded steel from China, and said that everyone has "seen the tricks China uses to get around the antidumping and countervailing duty laws."
Lawmakers should vote for legislation to limit the president's ability to impose Section 232 tariffs, more than 60 national business groups and more than 200 local chambers of commerce and similar organizations pleaded with the Senate in a letter sent June 26. Sen. Bob Corker, R-Tenn., led a charge to give Congress a way to roll back the Section 232 tariffs on steel and aluminum and to block similar tariffs on imported cars, trucks and auto parts, but it stalled because Senate leaders said such a measure has to originate in the House of Representatives, as it affects revenue.
New tariffs on goods from the U.S. exported to Turkey in response to Section 232 tariffs on steel and aluminum took effect on June 21, KPMG said on its website. An official June 25 notice from Turkey described the implementation of the new tariffs, a report from a KPMG firm in Turkey said. The new tariffs apply to the same subheadings listed in a World Trade Organization submission, though some of the tariff amounts differ, according to KPMG. "Retaliatory customs duty will be applicable on imports of US originated automobiles, whiskey, tobacco, coal, cosmetics, machinery equipment, paper and petrochemical products, etc.," the Turkish firm said. "Turkey will impose additional fiscal burden against various US origin goods between 4 percent to 70 percent. At the same time, [whiskey] and automobile importations will be subject to additional fiscal burden at the rate of 70% and 60% with an applicable highest rate."
The American Institute for International Steel will announce on June 27 "the launch of a legal challenge that seeks to remedy a situation that is bad for the American economy and American workers alike," the group said in a June 26 news release. AIIS said "President Trump’s Section 232 tariffs on imported steel and aluminum have already created significant collateral damage for U.S. industries." The group called the coming legal action a "critically important, first-of-its-kind initiative."
The Coalition of American Metal Manufacturers and Users updated its "comprehensive list of retaliatory tariffs" that now applies as of June 18. The list covers retaliatory tariffs, either currently in effect or proposed, from Canada, China, the European Union, India and Mexico. "Other countries including Japan, Russia and Turkey have warned of potential retaliation but have not announced formal tariffs," the group said. Turkey released a list of potential tariffs in May. Russia is reportedly close to issuing a list of retaliatory tariffs. The tariffs are in response to Section 232 tariffs on U.S. imports of steel and aluminum.
CBP has “adjudicated” a ruling that will allow manufacturers in foreign-trade zones to avoid Section 232 tariffs on aluminum and steel, as well as planned Section 301 tariffs on products from China, a CBP official said on the agency’s biweekly ACE conference call held June 21. FTZ manufacturing operations have up to now been required by Census Bureau and Commerce Department guidance to enter goods manufactured in FTZs as originating in the country that provided the goods’ highest value in inputs, even if those inputs are worth relatively little and for CBP purposes the country of origin should be the United States. While it hasn’t been an issue before, now that Section 232 duties are in place and Section 301 tariffs are coming it can result in those manufacturers being required to declare a good as subject to the extra tariffs even when the good is of U.S. origin. A ruling is coming that says to use “U.S.” as country of origin for such merchandise on entry documentation, the CBP official said. A search on CBP’s CROSS database indicates the ruling has not been published as of press time.